Law Seminars International Presents

An Important Two-Day conference on

Telecommunications Issues in Real Estate

Getting the most from the collision of new technology and real property law

June 28 & 29, 2004
Renaissance Atlanta Downtown Hotel in Atlanta, GA
Order      Download PDF Brochure

Who Should Order Homestudy

Attorneys; telecommunications, cable, and electric utility industry executives; representatives of government agencies and large telecommunications users

Why Order

"The telecommunications convergence has permeated all U.S. industries: public and private real property owners and developers are no exception. With the recovery underway, new opportunities for resurrected old ones such as shared tenant services may lie at the intersection of telecommunications and real property developments. Property owners now have cable, broadband, fiber-to-the-curb and other forms of high-speed access that, together with VoIP, wireless (WI-FI) and other information technologies, represent potential cost savings for the owner and (if provided to tenants or residents) revenue generation opportunities. This seminar addresses the overlap of emerging and unsettled legal regulatory issues presented by the technologies with long-standing, well-established principles of real property law. Perspectives are brought by representatives of property owners, developers, state and municipal governments and carrier/suppliers. The seminar topics will assist legal and other professionals, participants in commercial and multi-dwelling unit developments and related industries, tower owners, as well as telecommunications companies, cable operators and others involved in these ventures. You won’t want to miss it." ~ Program Co-Chairs: Norman B. "Chip" Gerry, Esq. and Glen P. Smith, Esq.

What You Will Learn

Access to Rights-of-Way and Private Property Building Access and the Relationship between Building Owner and Service Provider Building Infrastructure Tower Siting New Opportunities for Property Owners: Trends in Deployment of Last Mile Brodband Facilities The Explosive Growth of Wi-Fi Hotspots Voice Over Internet Protocol (VoIP) Regulatory Developments Affecting Property Owners Contract Negotiating--What to Avoid and What to Include in Agreements for Access to Private Propeerty for Cable and Telecommuncations Providers

What Attendees Said

"It was probably the best I've attended." "Subject matter coverage of the program was very comprehensive, speakers vry knowledgeable." "Very informative, useful information which can be applied now."

Agenda

Monday, June 28, 2004
8:30 am Introduction & Overview
  Norman B. "Chip" Gerry, Esq., Program Co-Chair
 Gerry & Sapronov LLP / Atlanta, GA
  Glen P. Smith, Esq., Vice President & Director of Legal Affairs
 Post Properties, Inc. / Atlanta, GA
8:45 am Update on Access to Rights-Of-Way and Private Property
  Public rights-of-way: Recent decisions for gaining access to public rights-of-way and placing facilities on public lands.
  William "Bill" E. Cook, Jr., Esq.
 Arnold & Porter / Washington, DC
  Alternative service providers and their rights to locate facilities in eisting utility easements; obligations of existing facility owners to provide space on poles or other facilities
  Matthew C. Ames, Esq.
 Miller & Van Eaton, PLLC / Washington, DC
  Alternative service providers and their rights to locate facilities in eisting utility easements; obligations of existing facility ownes to provide space on poles or other facilities
  Robert P. Williams, II, Esq.
 Troutman Sanders LLP / Atlanta, GA
10:15 am Break
10:30 am Building Access and the Basic Relationshiop between Building Owner and Service Provider
  Access Issues: Multi Tenant & Multi Dwelling (MTU/MDU) - Residential - Commercial: Update on general requirements; special issues for deals involving exclusive arrangements, marketing agreements and overbuilds
  Linda Trickey, Esq.
 Cox Communications / Atlanta, GA
  Financial Relationships: Door fees vs. capital investment by the service provider; how penetration affects the financial relationship between owner and service provider; developments in Shared Tenant Services (STS)
  C. Douglas Jarrett, Esq.
 Keller and Heckman LLP / Washington, DC
  Other Considerations: Key contractual terms and issues in contracts and negotiations between service providers and public and private property owners.
  David E. Bronston, Esq.
 Wolf Block Schorr & Solis-Cohen LLP / New York, NY
12:15 pm Lunch (on your own)
1:30 pm Building Infrastructure
  Risers, raceways, mechanical and "Meet Me" rooms; rooftops and satellite dishes
  Eric Fishman, Esq.
 Holland & Knight LLP / Washington, DC
  Inside wire; Home Run Wiring Rules; and Over the Air Reception Device (OTARD) rules for alternative video service providers
  Joseph P. Markoski, Esq.
 Squire, Sanders & Dempsey LLP / Washington, DC
3:15 pm Break
3:30 pm Tower Siting
  Trends in local zoning and permitting standards for tower siting
  Anne F. Gerry, Esq.
 Arnall Golden & Gregory LLP / Atlanta, GA
  Federal Issues: Federal Migrating Bird Act; National Historic Preservation Act; FCC Environment and Historic Preservatioin Action Plan
  John F. Clark, Esq.
 Perkins Coie / Washington, DC
5:00 pm Reception for Faculty & Attendees
  Sponsored by Gerry & Sapronov LLP and Post Properties, Inc.

Tuesday, June 29, 2004
8:30 am New Opportunities for Property Owners: Trends in Deployment of Last Mile Broadband Facilities
  Technological trends in last mile broadband access: cable; wireline; powerline; satellite; terrestrial wireless
  Jeff Levy, Chairman and CEO
 Biltmore Communications, Inc. (BCI) / Atlanta, GA
  Trends in municipal provision of last mile broadband facilities and services
  Carl W. Peede, President & CEO
 Tri-State Broadband, Inc. / Roswell, GA
10:15 am Break
10:30 am The Explosive Growth of Wi-Fi Hotspots
  Transactional trends; interconnection with carriers; the potential for wi-fi roaming; handling network security issues and potential liability for security breaches
  Michael Bowling, VP Broadband marketing
 BellSouth / Atlanta, GA
11:15 am Voice Services Over Internet Protocol (VoIP)
  What is its regulatory status? What are the implications for its economic viability?
  Andrew D. Lipman, Esq.
 Swidler Berlin Shereff Friedman, LLP / Washington, DC
12:00 pm Lunch (on your own)
1:15 pm Regulatory Developments Affecting Property Owners
  Update on the FCC's policy agenda following the Triennial Review Order
  Robert Tanner, Esq., Legal Counsel to Bureau Chief Wireline Competition Bureau
 Federal Communications Commission / Washington, DC
  Access to ILEC Broadband Facilities: Implications of the FCC's current policies on UNE-P and Sub-loop Unbundling; Fiber To The Home vs. Fiber To The Curb
  Jonathan Canis, Esq.
 Kelley Drye & Warren LLP / New York, NY
2:45 pm Break
3:00 pm Contract Negotiating Workshop: What to Include and Avoid in Agreements for Access to Private Property for Cable and Telecommunications Providers
  Deal Points and Negotiation Tips
  Walt Sapronov, Esq.
 Gerry & Sapronov LLP / Atlanta, GA
  Exclusivity; condemnation; fixtures; landlord tenant issues; abandonment; disposition and treatment of faulty wiring
  Deborah C. Costlow, Esq.
 Costlow & Hubacher / Washington, DC
  Bankruptcy issues (executory contracts, "Tenant in Possession")
  Mark Maloney, Esq.
 King & Spalding, LLP / Atlanta, GA
4:30 pm Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International self-certifies CLE credits for Washington, California, and Alaska. For other locations, we automatically seek CLE credit approval for the state in which a seminar is held. On request, we will apply for credits from other bar associations or the accrediting bodies for other professions. The current credits status for this program is GA 12.8; GA APP 12.75 40696; AK 12.75; AL 12.8; CA 13; IN 12.8 0078175; KS 15 31473; MN 12.75 82369; MO 15.3; NC 12.75 2488-7; NH 12.7; NY 15 ; OH 12.75; PA 12.50s; SC 12.75 241432; TX 12.75 000062561; VA 13 R03259; WA 12.75 120175; WI 15

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The course materials alone are available for $100.
Order Homestudy

Faculty Bios

Norman B. "Chip" Gerry, Program Co-Chair, is a partner at Gerry & Sapronov LLP where his practice includes telecommunications law, construction law, commercial real estate transactions, including development, finance and leasing, and estate planning.

Glen P. Smith. Program Co-Chair, is Vice President and Director of Legal Affairs for Post Properties, Inc., where he also serves on the company's Management Committee. He provides legal and business advice to all levels of this publicly-traded, national umbrella partnership REIT that develops, constructs, and manages upscale multi-housing and mixed use projects with a nine state, seventy-four property portfolio. His current practice includes real property management, transactional, employment, policy, intellectual property, marketing, litigation, regulatory, environmental, construction, and corporate governance issues.

Matthew C. Ames, a partner with Miller & Van Eaton, PLLC, specializes in cable television issues and new communications technologies affecting local governments, and in the drafting and negotiating of franchise agreements and cable television ordinances.

Michael Bowling serves as Vice President of Broadband Marketing for BellSouth Customer Markets. He is responsible for the strategic direction and product management of BellSouth’s consumer and business narrowband and DSL Internet products and services.

David E. Bronston is a partner with Wolf, Block, Schorr & Solis-Cohen LLP in New York. He was formerly General Counsel to the New York Department of Information Technology and Telecommunications where he was responsible for the city's broadband telecommunications and cable television franchises.

Jonathan Canis is a partner with the law firm of Kelley Drye & Warren LLP, and has been practicing telecommunications law since 1984. His practice focuses almost exclusively on the representation of competitive telecommunications carriers, equipment manufacturers, cellular telephone companies and Internet service providers.

John F. Clark is Of Counsel with Perkins Coie, where he advises clients on Telecommunications, environmental and historic preservation law, general regulatory litigation, white collar criminal defense and land use law. Previously, he served with the FCC as Senior Attorney for the Environmental Compliance Group and the Wireless Telecommunications Bureau.

William "Bill" E. Cook, Jr. is a partner at Arnold & Porter where he concentrates on cable television and telecommunications regulatory matters. He represents clients before Congress, the Federal Communications Commission and the federal courts. He has counseled clients on federal telecommunications policy and legislation, and advised them on compliance with federal regulatory requirements.

Deborah C. Costlow is a founding partner of Costlow & Hubacher, a Washington, D.C. telecommunications law firm focused on real estate technology issues. Ms. Costlow assists owners of commercial and residential high-density properties, REITs, and single family developers with strategic business planning; portfolio analyses; contract negotiation and drafting for the provision of video, internet and telephone services; antenna site agreements; dispute resolution regarding video and telephony services termination; the sale and acquisition of telecommunications systems, and FCC policies and regulations affecting the multihousing industry.

Eric Fishman, a partner with Holland & Knight, LLP practices telecommunications and general business law. His concentrations within the field of telecommunications are in wireless telecommunications, local exchange telephony, domestic and international long distance service, Internet telephony and high technology. His clients are engaged internationally and domestically in every major sector of the telecommunications industry.

Ms. Gerry is a partner withArnall Golden & Gregory LLP in their Corporate Practice Group, and a member of the firm's Telecommunications and Mergers & Acquisitions/Strategic Alliances team. She counsels clients in corporate and commercial transactions. She also has experience representing clients before the Federal Communications Commission and state public service commissions, and has represented regulated telecommunications carriers in numerous business transactions.

C. Douglas Jarrett, a partnerl at Keller and Heckman LLP, is expert on the domestic regulation of broadband offerings and the related legal and business issues in deploying infrastructure to provide broadband services.

Jeff Levy is the Chairman and CEO of Biltmore Communications, Inc. (BCI)) which provides more than 60 residential and commercial properties throughout metro Atlanta. In 2001, with Open Point Networks he helped design a revolutionary system to integrate public and private wireless networks on the same provisioning platform for a city wide high-speed wireless data network.

Andrew D. Lipman is a partner at Swidler Berlin Shereff Friedman LLP where he is the Vice-Chairman of the firm and head of the firm’s Telecommunications Group. He also served as the Senior Vice President of Legal and Regulatory Affairs for MFS Communications, the nation’s largest competitive local services provider.

Mark Maloney is a partner in the Atlanta office of King & Spalding and a member of the Financial Restructuring Practice Group. His practice includes representation of a broad range of clients in litigation matters involving creditors’ rights, bankruptcy, lender liability and other financial and commercial disputes. He appears regularly in Georgia state and federal courts and also is admitted to practice before the United States Court of Federal Claims, the United States Tax Court, the United States Court of Appeals for the Federal Circuit and the United States Court of Appeals for the Fifth Circuit.

Joseph P. Markoski leads telecommunications and technology activities for Squire, Sanders & Dempsey, LLP, specializing in telecommunications law and policy. He has undertaken the privatization of state-owned telecommunications enterprises and the restructuring of the telecommunications regulatory regimes of more than a dozen countries worldwide. His practice includes the representation of global and national telecommunications operators seeking to expand their international operations, negotiate interconnection agreements, and establish satellite and terrestrial fixed and mobile networks.

Carl W. Peede, President and CEO of Tri-State Broadband, Inc. has held executive level positions in several publicly traded companies including Senior Vice President of Marketing for TeraGlobal Communications, Inc., COO for HomeCom Communications, Inc. and Senior. Vice President Worldwide Marketing for NetManage, Inc..

Walter Sapronov is a partner at Gerry & Sapronov LLP. Mr. Sapronov concentrates his practice on telecommunications law and regulation and transactions involving regulated communications carriers. He represents numerous clients before the Georgia Public Service Commission, the FCC, and the Georgia State Legislature.

Robert Tanner is Legal Counsel to the Bureau Chief of the Wireline Competition Bureau of the Federal Communications Commission. As Legal Counsel he advises the Bureau Chief on competition, broadband deployment and advanced services matters. Prior to his current position, he served as an Attorney-Advisor in the Competition Policy Division of the Wireline Competition Bureau where he was a team leader for the Triennial Review Order and the Verizon Pennsylvania Section 271 Order.

Linda Trickey is Corporate Counsel for Cox Communications, supporting data operations and MDU/commercial access. Prior to joining Cox, she worked in private practice focused on commercial litigation.

Robert P. Williams II is a partner with Troutman Sanders LLP, where he chairs the firm's Telecommunications and Electronic Commerce Practice Group. Mr. Williams represents carriers, utilities and building owners in communications infrastructure transactions, litigation and regulatory matters.